Here are some of ways that employees can hurt their organization with e-mail:
§ Using the organization's e-mail to conduct private business, leading victims to believe the employees acted on behalf of the organization.
§ Sending valuable, confidential organizational information to competitors.
§ Harassing co-workers or others.
§ Sending offensive, sexually explicit e-mail.
§ Routing chain e-mails telling recipients to send money to the top person on the list.
§ Using e-mail to threaten or intimidate a co-worker.
§ Spreading computer viruses using e-mail attachments.
These situations can lead to lawsuits or administrative action against the organization. If the organization has failed to inform its employees about prohibited practices and uses of e-mail, the organization may be found liable along with the offending employee. Of course the employee is almost always in a poor position to pay damages, so the focus turns to the organization and its greater assets. If the organization has been clear about proper and improper uses of e-mail, only the employee may be found liable for actions that violated the organization's clear rules.
Another area of concern with e-mail is the employees' expectation of privacy. Take the situation in which the employer has done nothing to inform employees about reserving the right to open their e-mail in order to prevent suspected or actual violations of the law, and in other specified situations. The employer could be found liable for invasion of an employee's privacy even if the employer has a compelling reason for opening the e-mail.
While an E-mail Policy cannot force employees to act responsibly, it can help to keep honest people honest and encourage responsible behavior. In addition, it can give the organization rights and protections that it would not otherwise have. The protections can serve to prevent large damage awards. They can also make it far easier to settle a potentially protracted and expensive dispute in the early stages, saving management a great deal of time and aggravation in situations that involve smaller financial risks.
Other liability risks that organizations often overlook are those presented by their websites. Because the Internet has experienced phenomenal growth, many companies creating websites and the do-it-yourselfers are unaware of the risks they may have created. For example, a corporation that fails to follow the formality of using "Inc. or Co." in its name may fail to insulate its owners from individual liability for the obligations of the corporation. An organization that allows its logo to be displayed in connection with a service provided by a "strategic partner" may find itself held legally liable for the obligations of that legally unrelated organization.
It is a good idea to consult with an attorney who is experienced in both the law of organizations and the emerging law of the Internet. The attorney will review your situation and assist you in protecting against the legal risks presented by e-mail, websites and other forms of electronic communication and commerce.
|
|
Wells Anderson |
phone 612-790-0471 |
|
Helping lawyers leverage technology |
Ó Copyright 1998 Wells Anderson |
